10 U.S.C. § 2105
Advanced training; failure to complete or to accept commission
A member of the program who is selected for advanced training under section 2104 of this title, and who does not complete the course of instruction, or who completes the course but declines to accept a commission when offered, may be ordered to active duty by the Secretary of the military department concerned to serve in his enlisted grade or rating for such period of time as the Secretary prescribes but not for more than two years. If the member does not complete the period of active duty prescribed by the Secretary concerned, the member shall be subject to the repayment provisions of section 303a(e) or 373 of title 37.
Notes of Decisions
Cited in 8
cases, 1970–2018 · leading case: Dougherty v. Hidalgo, 539 F. Supp. 4 (E.D. Pa. 1981).
Dougherty v. Hidalgo, 539 F. Supp. 4 (E.D. Pa. 1981). “, construed the applicable statute, 10 U.S.C. § 2105 , 2 to provide that failure to complete the required courses results in the imposition of the active duty obligation.”
McCourt v. Culkin, 473 F. Supp. 1247 (E.D. Pa. 1979). “In his application to the BCNR, the plaintiff contended that he had been activated to involuntary enlisted service without either statutory or regulatory authority under 10 U.S.C. § 2105 and Chief of Naval Education and Training Instruction 1533.”
Jonathan Brown v. United States, 151 F.3d 800 (8th Cir. 1998). “See 10 U.S.C. § 2105 ; Appellant’s App. at 36.”
Gregory J. Dougherty v. John F. Lehman, Jr., Sec'y of the Navy, 688 F.2d 158 (3rd Cir. 1982). “§ 2105 , upon which Hickey rests, provides: A member of the program who is selected for advanced training under section 2104 of this title, and who does not complete the course of instruction, or who completes the course but declines to accept a commission when offered, may be…”
Mansfield v. Orr, 545 F. Supp. 118 (D. Maryland 1982). “Pursuant to the authority vested in the Secretary of the Air Force, under 10 U.S.C. § 2105 , plaintiff was properly ordered to active duty in enlisted status as a result of his failure to complete the course of AF-ROTC instruction, as agreed to pursuant to the enlistment…”
Allison v. United States, 426 F.2d 1324 (6th Cir. 1970). “10 U.S.C. § 2105 provides: “A member of the program who is selected for advanced training under section 2104 of this title, and who does not complete the course of instruction, or who completes the course but declines to accept a commission when offered, may be ordered to active…”
Bobblis v. Costa, 113 N.E.3d 844 (Mass. App. Ct. 2018). “" 10 U.S.C. § 2105 . Notably, an officer appointed following completion of an ROTC program "may not be credited with enlisted service for the period covered by his advanced training.”
Jonathan Brown v. United States (8th Cir. 1998). “Breach of this ent may result in immediate assignment to active duty without a commission See 10 U.S.C. § 2105 ; App mandatory and supervised, and are defined as "active military service" by the Veterans Act.”
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